So my wife has joined on with a travel agency that is currently starting up. They didn’t have a logo so I made one and would willingly sell it to them, but the owner is not wanting to do this since it is just starting out and does not have the resources, as of yet, to do so. However, they do want my design.
I want to do something that would be beneficial to both parties. I have thought that they can use of the logo for any marketing purposes then need (Website, facebook, advertising), but would have to go through me for any merchandise containing the logo (T-shirts, mugs, and so on).
Does this sound fair?
Is there something else that can be done so that both parties get what they want?
I’m not sure if this is the right place for this question so mods please feel free to move this thread.
Plenty of places bundle design services to orders for product. If the owner is really liking this now, registering a copyright now may be wise.
Then You offer letterhead, business cards, promotional items, etc. Be reasonable and you can turn this into an ongoing revenue stream indefinitely.
At the same time, as a small business owner, how much money are we talking here. I mean unless we are talking some fairly elaborate work we are talking like a couple hundred for a good logo.. no money for that but they can afford employees?
The employees are commission only and since most of the trips they are booking is well in advance they do not get paid until after the “client” has finished their trip. This is my wife’s job on the side (something she does with her spare time). If they bought the logo it wouldn’t be for much, and they could do with it whatever they wanted. But, since they are not wanting to purchase the logo I thought I could give them right of use while I offer merchandise and other materials for sale to them. Just like you said, a “source of revenue.” I wouldn’t be quitting my day job, but I’d have a little extra coming in from time to time.
I was also curious to see if anyone knew of other methods I may have not thought of offering so both parties are satisfied.
2> It’s really not standard to attach strings to a logo. This could go awry in the future (hence why you should get things in writing). Typically, a company purchases a logo, and then it’s theirs. Registering copyright on a logo intended for someone else may just make it too annoying for the company to deal with using your logo. They’d literally have to ask your permission to use the logo on everything, every time they put it on something new. A few years down the line, that’s going to be an enormous pain in the ass. Their marketing department won’t be able to function without your say-so – they’ll have no ability to be responsive and agile. Want to set up (for example) a Facebook page? Gotta wait til powerjacob comes back from vacation/is done managing his deceased relative’s estate/is done with that big work project and can respond to a request… maybe months later.
3> Honestly, my recommendation is that if they really want to use the logo, come up with a payment plan (in writing!) for them to pay it off and have IP rights to it free-and-clear. You could even do this with the merchandising – you get all profits from the merchandising until $X amount of money, then it’s paid off and belongs to them. But don’t hitch yourself to their wagon for years and years. There’s not much incentive for a company to use a logo that’s not really “theirs.” And if they don’t really want to use the logo – or not enough to pay for it – let it go. Let them know that the logo will still be around for them later if they want it.
If you go with the payment plan, make it clear in the contract that you’re not assigning copyright over to them until they’ve paid you the full amount. In the meantime, they have license to use it, but the license is revokable should they decide to get lazy with making payments. If you want future rights to use the logo in a portfolio, spell that out too.
The company that pays for it can register it as its trademark, but until it’s paid for powerjacob is the holder of the copyright of the piece of artwork.
My suggestion is DO NOT let them use it at all unless you are paid. Seriously. This crap of “Oh, yeah, we LOVE it, but we can’t afford it right now” has got to be stopped. They love their utilities, too, but the power company makes them pay or the lights go out. Same thing.